(845) 802-0047When a doctor receives their license and assumes care of patients, they are ethically and legally accountable for providing care that aligns with the current standards of care and OB/GYN doctors share this duty. If the care they provide does not meet the standard of care in the industry, they could be held liable for any damages they cause.
Their patients could suffer and incur additional medical expenses, lost wages, and even disability. If you are one of these patients, a Newburgh OB/GYN malpractice lawyer is waiting to review your case and pursue compensation for you. Let a dedicated medical malpractice attorney fight for you.
Do Legal Rights Expire in OB/GYN Malpractice Cases?
Not all potential plaintiffs are familiar with the statute of limitations or the deadline for filing a legal claim. It is vitally important for anyone who wants to exercise their legal right to file a lawsuit to know the statute of limitations that applies in their case.
In all malpractice cases in Newburgh, the legal rights of the plaintiff are only available for a short period of time. Under New York Civil Practice Law and Rules § 214-a, plaintiffs filing an OB/GYN malpractice case are subject to a deadline of two years and six months after the date of the malpractice. If the malpractice is based on a continuing series of treatments, it is two years and six months after the date of the last treatment.
If a plaintiff or their Newburgh OB/GYN malpractice attorney does not file their case by the deadline, their legal right to pursue compensation for their injuries is voided. It is unlikely that they will be able to recover damages.
Defining OB/GYN Malpractice
An OB/GYN doctor cares for women of childbearing age and beyond. They provide prenatal care, deliver babies, and often perform cancer screenings and female surgeries such as hysterectomies. When a physician fails to provide the correct care to their patient, they are negligent and it may qualify as malpractice. Malpractice for an OB/GYN doctor could include:
- Failure to diagnose or misdiagnosing certain conditions like placental abruption, gestational diabetes, and premature rupture of membranes
- Not informing a patient of all of their options for a certain condition
- Providing all options to a patient when a diagnosis is made
- Errors during surgery
- Not performing a c-section when one is necessary
OB/GYN malpractice could involve many other situations. Patients who sought the care of an OB/GYN physician and did not have the outcome that they expected or needed should discuss the circumstances with a reliable OB/GYN malpractice lawyer in Newburgh. The attorney could determine if a valid legal claim exists and what the next steps should be.
When is an Error Considered Malpractice?
Unfortunate medical outcomes are not inherently malpractice. In some cases, doctors could take every step within accepted medical standards to no avail. When tragic incidents happen in these circumstances, it does not rise to the level of malpractice.
The same is true for minor errors or mistakes in some cases. In order for an error to qualify as malpractice, a plaintiff must show that the doctor deviated from accepted medical standards. This deviation could have impacted the mother, the child, or both.
There are numerous standards that apply to OB/GYN physicians. The appropriate treatment for one patient could differ from another. For example, the accepted medical standard for delivering twins could differ compared to delivering a single child. Determining if a doctor went beyond acceptable standards typically requires the assistance of a medical expert.
Damages for OB/GYN Malpractice Cases
There are different forms of compensation available for OB/GYN malpractice lawsuits in Newburgh. Although there were statutory limits for certain types of damages, these limits were ruled unconstitutional in 2010. That means the maximum compensation available in a OB/GYN malpractice claim is up to the jury. Some of the different types of compensation that could be available include:
- Lost wages
- Pain and suffering
- Medical bills
- Diminished future earning power
- Emotional distress
- Disability
- Mental anguish
The first step in pursuing fair monetary compensation involves speaking with an OB/GYN malpractice attorney in Newburgh who could carefully review the facts of a case and advise on possible settlement outcomes.
The Certificate of Merit in OB/GYN Malpractice Cases
Part of filing a civil lawsuit for a OB/GYN malpractice claim includes a document known as the certificate of merit. While this is not relevant to most injury cases, medical malpractice lawsuits require this additional documentation.
The certificate of merit is a document prepared and signed by the plaintiff’s attorney. This certificate could set out two different important facts. First, the certificate could declare that the attorney has sought the guidance of a medical expert. The certificate would also attest that the medical expert reviewed the records of the plaintiff and has found grounds for a viable malpractice lawsuit.
Alternatively, the certificate could take a different approach. A plaintiff could still pursue their lawsuit even if they cannot secure a medical expert to sign off on their certificate. Doing so requires a good-faith effort by the attorney to secure expert medical advice. In these cases, the certificate must show that there was an attempt to consult with three different doctors at three different times.
Generally, New York law requires the plaintiff to attach the certificate of merit to the lawsuit at the time of filing. However, the judge has the power to extend the deadline in some cases. At most, the court could allow the plaintiff to attach the certificate of merit up to 90 days after the filing of a lawsuit. This extension is often granted when a plaintiff is up against the expiration of the statute of limitations and has not yet secured the advice of a medical expert.
Hire a Skilled Newburgh OB/GYN Malpractice Attorney
If you or a family member recently experienced damages related to OB/GYN malpractice, you may want experienced legal advice. A skilled Newburgh OB/GYN malpractice lawyer could help you receive a fair settlement or a jury award for compensation for your injuries.
Get your case started today by scheduling a case consultation with an experienced attorney. Whether your newborn suffers an unnecessary birth defect or you had complications with surgery, you might be entitled to financial damages for your bills and suffering.